TERMS OF USE
Introduction
This is a legal and binding agreement between you, the user (referred to as “user” or “you”) of the Programs, as defined below, and Womoneysta (referred to as “we”, “us” or “Womoneysta”) stating the terms that govern your use of the Platform, as defined below. The website www.Womoneysta.com and mobile apps (collectively referred to as the “Platform”) and the information, services and other materials contained therein are provided and operated by Womoneysta. Womoneysta offers curated and specially designed online workshops and industry-relevant certification programs and career assistance services (“Programs”).
Please review our Terms of Use, Privacy Policy and other policies available on the Platform (collectively referred to as the “Terms”) that govern the use of the Platform and Programs. By accepting these Terms in any manner or accessing the website, you consent, agree, and undertake to abide, be bound by and adhere to the Terms and if you do not agree to these Terms, you are not entitled to avail of/use the Programs and any use thereafter shall be unauthorised.
Each Program may have a separate set of terms dealing with refunds, deferrals, payments, etc. governing such Programs, and our corporate clients may have executed separate written agreements with us, which, in the event of a conflict, will supersede these Terms to the extent of the conflicting provisions.
These Terms shall apply to Womoneysta hosted mobile apps, WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and other social media forums hosted by Womoneysta, which shall be deemed to be part of the ‘Platform’ by reference. You acknowledge that certain parts of the Platform, as mentioned above, are provided by third-party service providers, and you agree to abide by their terms and conditions. Womoneysta shall not be responsible for any disruption of services caused by such third-party service providers.
Although you may “bookmark” a particular portion of the Platform and thereby bypass these Terms, your use of the Platform still binds you to these Terms.
We may change these Terms from time to time without prior notice. You should review this page regularly. Your continued use of the Platform and Programs after changes have been made will be taken to indicate that you have read and accepted those changes. You should not use the Platform or Programs if you are not happy with any changes to these Terms.
Womoneysta makes no representations that the Platform operates (or is legally permitted to operate) in all geographic areas, or that the Platform, or information, services or products offered through the Platform are appropriate or available for use in other locations. Accessing the Platform from territories where the Platform, or any content or functionality of the Platform or its portions thereof is illegal, is expressly prohibited. If you choose to access the Platform, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
User Conduct Policy
Whether you have enrolled in a Program or are simply browsing the Platform, once you have accessed the Platform or Programs, you shall be considered a ‘user’ for the purpose of these Terms. You are responsible for all your activities in connection with the use of the Platform and Programs. You hereby agree to fully comply with all applicable local, provincial, state, national and foreign laws, treaties, and regulations in connection with such use. You shall not resort to any unethical practices while using the Platform.
Without limitation, you will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other “phishing”, “pharming” or “whaling” message designed or intended to obtain password, account, personal information, confidential information or private information from any user of the Platform or any other third party whatsoever. However, if any such event does take place, Womoneysta shall not be liable for any loss of data or if the user’s device, computer system or any other property is compromised in any manner.
You acknowledge and agree that Womoneysta has the right to report any and all such suspicious or illegal activity to the appropriate legal or police authorities without notice to you.
During your use of the Platform and Programs, you will:
- not harass other users, students, attendees, support agents or visitors;
- not create an atmosphere of disharmony, hostility within groups;
User Accounts, User Registration and Delivery of Services
In order to participate in most Platform activities and to apply for a Program, you will need to register for a personal account (“User Account”) by undergoing a two-step verification process to verify your login credentials such as your phone number, by way of a one-time password which will be sent to your phone number simultaneously and/or by providing an email address and a password that is unique.
Upon payment of the Program fees – in part or whole, depending on the Program – Womoneysta shall deliver the terms of use of the Program and grant you access to the Program. The invoice may be provided to you along with the email confirmation or within two (2) months thereafter. This shall be a proof of delivery against the successful payment of fees.
Owing to certain exceptional circumstances, if Womoneysta has granted you access to a Program pending payment, and Womoneysta does not receive payments within the stipulated time periods, Womoneysta may, at its own discretion, withdraw your access to the Program without giving any prior notice.
You agree that you will never divulge or share access to your User Account with any third party for any reason. You also agree that you will create, use and/or access only one User Account, and that you will not use any User Account other than your own.
In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Platform and your enrolment into a Program, to the extent applicable.
In addition to the registration process, as part of your use of the Platform or participation in the Programs, we may obtain certain information about you and your performance in the Programs. Some of this information may be Personally Identifiable Information. We may use, maintain, and store this information to provide certain services to you now and in the future, and may share such information with our Educational Partners or third parties in conjunction with such services or for the purpose of marketing. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your grades/scores in our classes. Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from us or any third party for the above mentioned purposes till 365 days of your registration with us.
Access to the Programs is restricted to attendees or students who have specifically been granted access by Womoneysta.
By registering your User Account, you agree that:
- you are registered for the Program only once and will not set up multiple User Accounts; and
- you will abide by these Terms and any terms specific to the Program.
Additional requirements apply to Students. As a Student, in addition to the points above, you agree that you are registering with the intent to complete the assignments, if any, that are relevant and applicable to the Platform or Programs into which you have enrolled.
Payment Terms and Refund Policy
Unless otherwise expressly agreed in writing by Womoneysta, full payment for participation in a Program is required at the time of registration. In the case of Programs that include a trial window, such trial window shall be made available only after the full payment. During the trial window, upon a request by the student, and to the satisfaction of Womoneysta, Womoneysta may, in accordance with the applicable refund policy for the particular Program, choose to refund the Program Fees paid, subject to deduction of such applicable charges as may be decided by Womoneysta from time to time. Once the trial window is closed, there will be no refund allowed for any reason whatsoever.
It is the sole responsibility of the user enrolling into a Program to check the accuracy of, and evaluate the suitability and relevance of, the Program elected. The enrolment into a Program is non-transferable.
To make payment for any Program or to purchase any services or products offered by Womoneysta through the Platform, you must have internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). Womoneysta does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateways for the payment towards the services. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case Womoneysta’s third-party payment provider stores any such information, Womoneysta will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and Womoneysta is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Platform.
Failure to pay the applicable Program fee may result in withdrawal of your access to a Program. Depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. Womoneysta does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of enrolment/purchase.
You may cancel your enrolment at any time. Each Program has specific refund terms which shall be applicable in case of refund on account of such cancellation requests.
If you have subscribed for a free trial, the free trial period will last for the period of time specified during your sign-up. Free trials may not be combined with certain other offers. If you have subscribed to a particular paid service or product within the last six (6) months, or if your Payment Method, physical address, contact number or email address has been associated with an account for that paid service, you are not eligible to receive a free trial for that service or product. If you begin your subscription with a free trial, you may be ineligible for certain features of a product or service during your free trial period.
Use of Programs
Womoneysta reserves the right to cancel or reschedule any Program or live webinars, or to alter, modify or rearrange the schedule of topics, as well as the point value or weight of assignments, tests, quizzes,, projects and other such evaluations of progress. You also understand that Womoneysta, at its sole discretion, may limit, suspend, or terminate your use of the Platform or Programs and/or all Womoneysta-provided services related to the Programs, such as access to Womoneysta coaches or support services, evaluation services, or certifications. You also understand that Womoneysta may modify or discontinue all services related to its Programs at its sole discretion. You agree that Womoneysta shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Nothing in these Terms shall be construed to obligate Womoneysta to maintain and support the Platform or Programs or any part or portion thereof or any associated services.
You agree that Womoneysta shall be under no liability whatsoever to you in the event of non-availability of the Platform or any portion thereof occasioned by Act of God, war, disease, revolution, epidemic, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster or any other cause whatsoever beyond the control of Womoneysta.
Subject to the applicable refund policy, if you no longer wish to use any program, you may terminate your participation by giving a prior notice to Womoneysta. Participants of Womoneysta online live lectures and webinars shall be provided access to such classes via email. You agree not to share such access with any third party. If you are unable to attend an online live lecture/webinar, please provide Womoneysta with prior intimation regarding this.
You shall be exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, receive or use the Platform, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone and/or other mobile communication device connection services. You shall be exclusively responsible for ensuring that such equipment or ancillary services are compatible with the Platform, and you shall be responsible for all charges incurred in connection with the use of the Platform and Program in connection with all such equipment and ancillary services.
Womoneysta’s Intellectual Property Rights
“Content” means any and all information and data, which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, offers, advertisements, interactive features and other materials.
The Platform, Programs and related services are owned and operated by Womoneysta and its licensors. All Content or other material available on the Platform or through the Programs, including but not limited to online/live lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively “Womoneysta Content”), are the property of Womoneysta and/or its affiliates or licensors, and are protected by copyright, patent and/or other proprietary intellectual property rights under Indian and foreign laws. All software used on the Platform is the property of Womoneysta and is protected by Indian and international copyright laws.
Womoneysta logos, trademarks and service marks that may appear on the Platform and in the Program (“Womoneysta Marks”) are the property of Womoneysta and are protected under Indian and foreign laws. All other trademarks, service marks and logos used on the Platforms, Online Courses or Programs, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Platforms are protected by trade dress and other Indian and international intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Womoneysta.
As a condition of accessing the Platforms and/or using the Programs, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any Womoneysta Content or any portion of it thereof, other than as expressly allowed under these Terms; and (b) use the Womoneysta Marks or the name, trademarks, service marks, or other materials of any Educational Partner in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorised purpose.
Please verify all Content prior to use. In the event you come across any Content that is incorrect, infringing, offensive, indecent or objectionable, please notify us immediately at the address mentioned at the bottom of this page.
Additionally, from time to time, Womoneysta (or its third-party service providers, on behalf of Womoneysta) may request users to review Womoneysta Content or beta-test the Platform. The works derived from such activity shall remain the sole and exclusive property of Womoneysta or its third-party service providers, as applicable.
Limited License
The services on the Platform are licensed, not sold. In consideration for your agreement to these Terms, Womoneysta grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Platform and Programs, solely in accordance with the Terms. You may download or copy the portions of the Womoneysta Content available on the Platform for your own non-commercial and personal use only, provided you maintain all copyright and other notices contained in such Womoneysta Content. You may not copy, sell, resell, reproduce, publish, modify, transfer, retransmit, distribute, commercially exploit or create derivative works of Platforms, Programs or any Womoneysta Content. Notwithstanding the foregoing, certain reference documents, digital textbooks and articles may be made available to you with the permission of third parties, and use of that information is subject to certain rules and conditions, and you agree to abide by all such rules and conditions.
You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Platform or the Programs. From time to time, Womoneysta may include software, code, instructions, or other such information in the Womoneysta Content for the Programs; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the ‘Disclaimer’ and ‘Limitation of Liability’ sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Womoneysta and/or its affiliates and licensors reserve all rights not expressly granted herein to the Platforms, Womoneysta Content, and Womoneysta Marks.
Without limiting the generality of the terms above, the following are types of uses that Womoneysta expressly defines as falling outside of the definition of “non-commercial and personal use”:
- the sale or rental of (i) any part of the Womoneysta Content, (ii) any derivative works based at least in part on the Womoneysta Content, or (iii) any collective work that includes any part of the Womoneysta Content;
- the sale of access or a link to any part of the Womoneysta Content;
- providing training, support, or editorial services that use or reference the Womoneysta Content in exchange for a fee;
- the use of Womoneysta Content by a college, university, school, or other educational institution for instruction where tuition is charged;
- the use of Womoneysta Content by a for-profit corporation or non-profit entity for internal professional development or training; and
- the use of Womoneysta Content for display / upload / making available at a place that is accessible to the general public in any manner, including but not limited to any social media sites, video download sites, and torrents.
User Content
The Platform may allow you to upload forum posts, chat with other users and Womoneysta’s counsellors, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Programs, e.g., questions, hypotheticals, examples, assignments, industry projects, etc. (collectively “User Content”). Womoneysta does not claim ownership of any User Content you may submit or make available for inclusion on the Platform or Programs. Accordingly, subject to the license granted to Womoneysta above, the user will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.
With respect to any User Content you submit via the Platform or Programs or that is otherwise made available to Womoneysta, you hereby grant Womoneysta an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Platforms or in the Programs or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose). Womoneysta reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Womoneysta to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Womoneysta, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
Womoneysta does not control the User Content posted through the Platform, including any messages, reviews or comments, and does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will Womoneysta be liable in any way for any User Content, including any errors or omissions, or any loss or damage or defamation of any kind incurred as a result of your posting or use of any User Content. You are responsible for complying with all the laws applicable to the User Content.
You are prohibited from posting the following Content on the Platform:
- Content that is fraudulent, indecent, or libellous, or defames, harasses, discriminates against, harms or threatens others;
- Content that discusses illegal activities, with the intent to commit them;
- Content that infringes or misappropriates patents, trademarks, trade secrets, right of publicity, or other intellectual property rights of third parties;
- Content that you do not have the right to disclose;
- Profane, pornographic, obscene, indecent or unlawful Content;
- Advertising or any form of commercial solicitation;
- Content related to partisan political activities;
- Content that contains intentionally inaccurate information or that is posted with the intent of misleading others;
- Viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- Content that consists of any high volume, automated, or electronic means to access the Platform (including without limitation robots, spiders or scripts);
- Content that violates the rights of other users of the Platform; or
- Content that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
Platform Security
You are prohibited from violating or attempting to violate the security of the Platform or any other associate Platform of Womoneysta, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account that the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited emails, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Womoneysta will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on the Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform other than the search engine and search agents available from Womoneysta on the Platform and other than generally available third-party web browsers (e.g., Google Chrome or Microsoft Explorer).
Disclaimer
The Platform and/or Programs may contain typographical errors or inaccuracies and may not be complete or current. Womoneysta, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.
The Platform, Programs, and any information or Womoneysta Content are provided on an “as is” and “as available” basis with all faults.
Womoneysta makes no representations or warranties of any kind, whether expressed or implied, with respect to Womoneysta Content or services available on or through this Platform and Programs, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Womoneysta makes no warranty that the services will meet the user’s requirements or that the services will be uninterrupted, timely, secure, or error free; nor does Womoneysta make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information obtained through the services, or that any defects in the software will be corrected.
The user understands and agrees that the Womoneysta Content and all other information, data, or other material downloaded or otherwise obtained through or from the Platform or Programs is obtained at the user’s own discretion and risk, and that the user will be solely responsible for any damage to the user, the user’s computer system, electronic device or any loss of data that results from the download of such material or data.
No advice or information, whether oral or written, obtained by the user from Womoneysta or through or from the services, shall create any warranty by Womoneysta.
In the event you find that the information provided on the Platform or Programs is incorrect, or if you are the owner of any information or content and wish that such information or content is not displayed on the Platform or Programs, kindly notify us at the address provided at the bottom of the page.
Indemnity
You agree to indemnify and hold Womoneysta and its Educational Partners harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, relating to or arising out of (a) your use or attempted use of the Platforms or Programs in violation of the Terms; (b) your violation of any law or rights of any third party; or (c) information or Content that you or others post or otherwise make available on the Platform or through any Program, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Termination of Rights
You agree that Womoneysta, in its sole discretion, may deactivate your account or otherwise terminate your use of the Platform or enrolment to a Program with or without reason, including, without limitation, if Womoneysta believes that you have (a) breached the Terms; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorised Content on the Platform; or (d) violated or acted inconsistently with the letter or spirit of these Terms or any other applicable code of conduct. You agree that any deactivation or termination of your access to the Platforms or Programs may be effected without prior notice to you and that Womoneysta shall not be liable to you nor any third party for any termination of your account or enrolment into a Program. You also acknowledge that Womoneysta may retain and store your information on Womoneysta’s systems notwithstanding any termination of your account or enrolment into the Programs.
Miscellaneous Provisions
By accepting the Terms through your use of the Platform, you certify that you are 18 years of age or older. If you are under the age of 18 or under the legal age in your jurisdiction to enter into a binding contract, you may use the Platform only under the supervision of a parent or legal guardian who agrees to be bound by the Terms. If you are a parent or legal guardian agreeing to the Terms for the benefit of a child below 18, be advised that you are fully responsible for his/her use of the Platform, including all financial charges and legal liability that he/she may incur. By using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into the Terms and to abide by all of the terms and conditions set forth herein. The Programs are not for the use of individuals under the age of 18 years.
Womoneysta may freely transfer or assign any portion of its rights or delegate its obligations under these Terms or any Program specific terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms or any Program-specific terms without the prior written consent of Womoneysta.
These Terms or any Program-specific terms shared with you shall be governed by, construed and enforced in accordance with the laws in India, as these are applied to agreements entered into and to be performed entirely within India and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by Womoneysta, you or any third party to enforce these Terms or any Program-specific terms shared with you, or in connection with any matters related to the Platform or Programs, shall be subject only to the jurisdiction of the courts of Delhi. Where a dispute arises, the parties involved shall make all reasonable efforts to resolve the dispute through good faith negotiations. If efforts to amicably resolve any dispute or claim between the parties are unsuccessful, then such dispute or claim arising out of or in connection with the Terms or any Program-specific terms shared with you, including any question regarding its existence, validity or termination, shall be referred to arbitration under the Arbitration and Conciliation Act, 1956, as amended (“Act”) before a sole arbitrator to be appointed by Womoneysta. The proceedings shall be conducted in English and the seat for arbitration shall be Mumbai.
If any provision of the Terms or any Program-specific terms shared with you is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. Womoneysta shall have no liability under these Terms or any Program-specific terms shared with you, to the extent arising from any failure of Womoneysta to perform any of its obligations under these Terms or any Program-specific terms shared with you, due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labour disputes or any other event not within Womoneysta ‘s reasonable control. Womoneysta shall not be responsible for damage or other problems caused by any unauthorised change to these Terms made by way of hacking or cracking this page.
The failure of Womoneysta to exercise or enforce any right or provision of the Terms or any Program-specific terms shared with you, shall not constitute a waiver of such right or provision. If any provision of the Terms or any Program-specific terms shared with you is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, to the extent that may lawfully be done, and the other provisions of these Terms or any Program-specific terms shared with you, shall remain in full force and effect.
These Terms or any Program-specific terms shared with you constitute the entire agreement between you and Womoneysta relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Platforms by Womoneysta or through a specific writing between you and Womoneysta.
Womoneysta may freely transfer or assign any portion of its rights or delegate its obligations under the Terms or any Program-specific terms shared with you. You may not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under the Terms or any Program-specific terms shared with you, without the prior written consent of Womoneysta, and any such attempted transfer or assignment shall be void and of no effect.